We hold that [plaintiff] adequately alleged [the deputy D.A.] was liable for false imprisonment; we will also hold that statutory prosecutorial immunity [Government Code section 821.6] did not apply to the false imprisonment claim. However, the demurrer had to be sustained based on common-law prosecutorial immunity.
Summary Judgment Reversed On Issue Of Gross Negligence In Action Against Fitness Facility.
Plaintiff suffered a traumatic brain injury when a cross-trainer cable struck her in the head at a 24-Hour Fitness, the defendant. Defendant moved for summary judgment, arguing that the written release of liability in the membership agreement was a complete defense to plaintiff’s claims for negligence and premises liability. As to the products liability claim, […]
Not Protected Activity Under Anti-SLAPP Statute.
A doctor brought an action against a hospital alleging both race and gender discrimination in several ways in different causes of action. The trial court granted the hospital’s anti-SLAPP motion, and the doctor appealed. The appellate court, while recognizing the hospital’s peer review process was involved in the doctor’s termination, reversed with regard to the […]
Second Place Bidder States Cause Of Action For Intentional Interference With Prospective Economic Advantage.
Two companies sued defendant for intentional interference with prospective economic advantage, alleging defendant submitted lowest bids by paying workers less than the statutorily required prevailing wage as required by Labor Code sections 1770 and 1771. During a three-year period, defendant outbid plaintiffs on 23 public works projects totaling more than $14.6 million. Citing Korea Supply […]
The Fall Of The Musician.
A professional musician who was injured after he fell from a stage at a country club brought an action against the club for negligence. The stage, owned by the club and put together by the club on the day of the performance, consisted of four rows, known as risers, each approximately two feet high and […]
“No Good Deed Goes Unpunished:” Clare Boothe Luce.
A civil engineer, the cross-defendant herein, was hired to prepare plans to build a pier. His plans called for a very particular kind of concrete mixture, which concrete was supplied by defendant/cross-complainant. After defendant/cross-complainant prepared the concrete, cross-defendant gratuitously reviewed the recipe used and approved the prepared concrete. On the day of the concrete pour, […]
No Equitable Indemnity.
An employee of a gas facility dropped a propane tank on a truck driver as he was removing the tank from the truck driver’s truck. The facility settled with the truck driver for his injuries and then cross-complained against the motor carrier who had hired the truck driver’s company to carry the tanks. After a […]
Dismissal Reversed In Case Where Website Owners Did Not Warn User Of Rapists.
Plaintiff is an aspiring model who posted information about herself on a networking website for models. In her action against the website owners, she alleges that two rapists used the website to lure her to a fake audition, where they drugged her, raped her, and recorded her for a pornographic video. She also alleges that […]
The Complex World Of Government Claims.
The Judicial Council asked the appellate court to mandate the trial court to grant its summary judgment motion because plaintiff, who alleges she was severely injured while on an elevator at a Los Angeles courthouse, failed to present a government claim to the Secretariat of the Judicial Council. Plaintiff contends she complied with the government […]
Previously we reported: Primary Assumption Of The Risk In Caring For Alzheimer’s Patient.
A man contracted with a home care agency to provide care for his wife who suffers from Alzheimer’s disease. The wife injured the caregiver, and the caregiver brought an action against the husband and wife for negligence and premise liability. The trial court granted summary judgment to the husband and wife, and the appellate court […]
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